On 17 December, the Senedd will vote on the general principles of the British Sign Language (Wales) Bill.
The Bill was introduced by Mark Isherwood MS through the Member Bill process, and has subsequently been backed by the Welsh Government and other parties in the Senedd. Its key aims are:
- to ensure that policy makers and service providers consider the needs of Deaf British Sign Language (BSL) signers when designing and delivering services;
- to recognise the language needs of the BSL community and their cultural identity and heritage; and
- to ensure legislative parity with the UK and Scottish parliaments, and the Northern Ireland Assembly.
Senedd Research’s Bill Resource Page has more information about the proposed legislation.
Deaf organisations like the British Deaf Association and the Wales Council for Deaf People have welcomed the Bill. But many suggested the new law would struggle to make a tangible difference to the lives of Deaf BSL signers without further support for its implementation. As one focus group participant described it:
“The Bill would make us feel respected and valued. But without proper funding, planning, and Deaf-led leadership, it won’t go far enough”.
This article explores key themes which emerged from the Equality and Social Justice Committee’s scrutiny of the Bill.
A BSL summary of the Committee’s report and recommendations is available on the Senedd Blog.
Benefits and risks of a “framework” Bill
Mark Isherwood MS has described the proposed legislation as “a framework Bill”. Although the Bill places a duty on Welsh Ministers to promote and facilitate the use of BSL, it does not specify the actions they must take to achieve this.
Instead, the Bill introduces planning and reporting requirements for Welsh Ministers and certain public bodies (including local authorities and health boards). This includes the publication of a national BSL strategy, and the development of BSL plans for each listed public body.
Much of the practical detail of how organisations are expected to support BSL will therefore be set out in future strategies, plans and guidance. This largely mirrors sign language legislation in Scotland.
Mark Isherwood MS told the Committee the proposed approach would provide Welsh Ministers and public bodies with discretion and flexibility in how they develop and implement plans. He also argued it would allow them to work alongside Deaf communities to decide on priority areas for action.
Campaigners welcomed the Bill, but said there was a risk it would not deliver tangible changes. The National Deaf Children’s Society was concerned the duties would become “performative in nature”. Dr Rob Wilks, an expert in equality and anti-discrimination law, said there was a risk that strategies and plans would become “descriptive exercises rather than drivers of systemic change”.
The Committee accepted the rationale for the framework approach. However, it noted the concerns raised by stakeholders and concluded it was vital the legislation leads to real and tangible changes for Deaf BSL signers.
Putting the voices of Deaf BSL signers at the heart of the Bill
The British Deaf Association argued for future strategies and plans to be grounded in the experiences and aspirations of Deaf BSL signers. They said:
We do not believe that it is appropriate, possible or efficient for non-signers to lead on determining the path of our future lives. Instead, we wish to see genuinely deaf-led solutions.
The Cabinet Secretary for Social Justice, Jane Hutt MS, told the Committee there had been an emphasis on co-production, stakeholder engagement and lived experience throughout discussions on the Bill. She highlighted the Welsh Government’s work in establishing a BSL Stakeholder Task and Finish Group, and said lessons had already been learned through that process.
Mark Isherwood MS pointed to provisions in the Bill to a BSL Adviser, stating that this “should enable…the voice of deaf people to be heard at the centre of Government and in those public bodies”. The role is modelled after the Violence Against Women, Domestic Abuse and Sexual Violence National Adviser, and the Bill requires that the appointee can communicate effectively in BSL. Many stakeholders told the Committee the BSL Adviser should also have strong connections to Deaf culture and communities, and should ideally be a deaf person themselves.
The Committee noted the expectation that plans and guidance would be co-produced with the Deaf community, but argued the Bill as drafted does not guarantee this would take place. It recommended:
- requiring Welsh Ministers to consult with Deaf BSL signers when developing the national BSL strategy and guidance; and
- that further consideration be given to how the needs of the Deaf community might be reflected in the appointments process for the BSL Adviser.
Concerns about funding and workforce capacity
Public bodies also had significant concerns about the financial implications of implementing BSL plans at a local level. The Regulatory Impact Assessment for the Bill does not include any costs of measures that listed public bodies may wish to undertake as part of their BSL plans, as these will be determined at a later stage.
Academics from the University of Edinburgh suggested that lessons should be learned from the BSL Act in Scotland, arguing that a lack of dedicated funding for implementation had led public bodies to develop “extremely cautious” plans. The Welsh Local Government Association said it was essential that additional funding be provided to support BSL plans, to prevent them becoming a “tick-box exercise”.
A key challenge raised during scrutiny is the shortage of BSL interpreters and translators in Wales. The National Registers of Communication Professionals working with Deaf and Deafblind People warned that without action and funding to expand the professional workforce, “there is a real risk that statutory duties will be difficult or impossible to meet in practice”. Several public bodies told the Committee that placing additional pressure on already-stretched BSL professional services could result in delays, reduced service quality, and increased costs.
The Committee identified this shortage as “the single biggest threat to effective implementation of this Bill”. It recommended the Welsh Government ramp up efforts to expand the BSL interpreter and translator workforce, including by setting clear and ambitious targets.
What’s next?
The Senedd will vote on the general principles of the Bill on 17 December. If agreed, the Bill will proceed to Stage 2 where it may be subject to amendments.
You can watch the debate live on Senedd TV or read the transcript shortly afterwards.
Article by Gwennan Hardy, Senedd Research, Welsh Parliament
